Matter of Weber, Grievance Committee for the Tenth Judicial

Matter of Weber, Grievance Committee for the Tenth Judicial

Motion No: 2013-04637

Slip Opinion No: 2015 NY Slip Op 65103(U)

Decided on February 26, 2015

Appellate Division, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M188326

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

JOHN M. LEVENTHAL, JJ.

2013-04637
In the Matter of Dean Gary Weber, an attorney
and counselor-at-law.
Grievance Committee for the Tenth Judicial District,
petitioner; Dean Gary Weber, respondent.

(Attorney Registration No. 2026474 )

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to stay enforcement of so much of an opinion and order of this Court dated January 28, 2015, as suspended him from the practice of law for a period of two years commencing February 27, 2015, and to permit him to file a response to the motion of the Grievance Committee for the Tenth Judicial District to confirm the report of a Special Referee dated May 15, 2014. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 26, 1986.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the respondent's motion is granted to the extent that (1) the opinion and order of this Court dated January 28, 2015, in the above-entitled matter, inter alia, suspending the respondent, Dean Gary Weber, from the practice of law in the State of New York for a period of two years commencing February 27, 2015, is recalled and vacated, (2) on or before March 20, 2015, the respondent may serve and file papers in response to the Grievance Committee's motion to confirm, and (3) the Grievance Committee's motion to confirm is held in abeyance in the interim; and it is further,

ORDERED that the respondent's motion is otherwise denied as academic.

Although the affidavit of service on file with this Court reflects that service of the Grievance Committee's motion to confirm was properly effectuated upon the respondent, this Court nonetheless will afford the respondent an opportunity to serve and file papers in response to the motion to confirm and will determine the motion de novo.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court